McColl v. Bear Creek Coal Mining Co.
Supreme Court of Iowa
Appeal from Dallas District Court. — Hon. L. N. Hayes, Judge. Suit in equity to cancel a mining lease because of the alleged abandonment thereof, and to quiet title. Decree for plaintiffs. Defendant the Beaver Creek Coal Company appeals.
1Opinion of the CourtPreston, J.
This action was commenced August 24, 1911. Plaintiffs owned eighty acres of land described in the contract. On June 11, 1908, they entered into a written coal contract in reference thereto, which all parties seem to have treated as superseded by another similar contract dated May *49322, 1909. The terms of the two are similar, except that in the second the royalty to be paid by the coal company was reduced, as some witnesses say, because of difficulty expected in sinking a shaft and mining coal; others say because lessors could get their money for royalty quicker and they would rather have less…
2Cases cited25 opinions
- Merriam v. United StatesSupreme Court of the United States · 1883
- Steelsmith v. GartlanWest Virginia Supreme Court · 1898
- Woodward v. MitchellIndiana Supreme Court · 1895
- Venture Oil Co. v. FrettsSupreme Court of Pennsylvania · 1893
- Parish Fork Oil Co. v. Bridgewater Gas Co.West Virginia Supreme Court · 1902
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3Cited by4 opinions
- Snater v. WaltersSupreme Court of Iowa · 1959
- Boatman v. AndreWyoming Supreme Court · 1932
- Carter v. Certain-Teed Products Corp.District Court, N.D. Iowa · 1952
- Bradley v. FacklerWashington Supreme Court · 1942